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Yates v. Ambrosia Pizza

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Nov 2, 2011
CASE NO. CV-10-5687-EMC (N.D. Cal. Nov. 2, 2011)

Opinion

CASE NO. CV-10-5687-EMC

11-02-2011

CRAIG YATES, an individual, Plaintiff, v. AMBROSIA PIZZA; SHOPS at MAGNOLIA LLC, a Nevada Limited Liability Company; SHOPS at MAGNOLIA II LLC, a California Limited Liability Company; and MARK DAVID LESLEY, an individual dba AMBROSIA PIZZA, Defendants.

THOMAS E. FRANKOVICH, A PROFESSIONAL LAW CORPORATION Thomas E. Frankovich Attorneys for Plaintiff CRAIG YATES MARTIN H. ORLICK, ESQ., Jeffer, Mangels, Butler & Marmaro LLP Martin H. Orlick Attorneys for Defendant MARK DAVID LESLEY, an individual dba AMBROSIA PIZZA DANA M. ANDREOLI STEYER LOWENTHAL BOODROOKAS ALVAREZ & SMITH LLP, Dana M. Andreoli Attorneys for Defendants SHOPS at MAGNOLIA LLC, a Nevada Limited Liability Company; SHOPS at MAGNOLIA II LLC, a California Limited Liability Company


THOMAS E. FRANKOVICH (State Bar No. 074414)

THOMAS E. FRANKOVICH,

A PROFESSIONAL LAW CORPORATION

Attorneys for Plaintiff CRAIG YATES

STIPULATION TO CONTINUE THE

FURTHER CASE MANAGEMENT

CONFERENCE; and [PROPOSED]

ORDER THEREON

It is hereby stipulated by and between the parties hereto through their respective counsel that the court may continue the Further Case Management Conference that is currently scheduled for Monday, November 7, 2011 at 10:30 a.m.

1. Whereas, plaintiff requested notice of need for mediation on August 2, 2011 and the above-mentioned caption matter was initially referred to mediation on August 5, 2011; and

2. Whereas, on August 10, 2011, a Case Management Order was issued; and

3. Whereas, pursuant to the Judge's Order on August 10, 2011, the parties were to conduct the mediation within sixty (60) days (the parties were to have the mediation completed by October 10, 2011); and

4. Whereas, initially, the ADR Case Administrator on August 25, 2011, appointed Stephen Liacouras as Mediator, and on August 30, 2011 he was vacated; and

5. Whereas, on August 31, 2011, the ADR Case Administrator reassigned this case to Todd Boley as the Mediator in the above-mentioned caption matter; and

6. Whereas, the parties conducted the pre-mediation teleconference on September 29, 2011. However, due to scheduling conflicts, the parties were unable to have the mediation on or before October 10, 2011, as per the Order. The parties have agreed on a mutual date to conduct the mediation which is currently set for Tuesday, November 15, 2011 at 10:00 a.m.; and

7. Whereas, after the mediation on November 15, 2011, plaintiff's counsel Thomas E. Frankovich has committed to moving a portion of his office and his primary residence to Mazatlan, Mexico and will be out of the country November 21, 2011 through December 7, 2011 and December 19, 2011 through January 9, 2012; and

8. In light of the above, the parties wish to preserve the court's resources by avoiding an unproductive Case Management Conference and by deferring the Case Management Conference to sometime after January 16, 2012, will allow the parties sufficient time to try and resolve the above-action at the mediation.

IT'S SO STIPULATED.

Respectfully submitted,

THOMAS E. FRANKOVICH,

A PROFESSIONAL LAW CORPORATION

Thomas E. Frankovich

Attorneys for Plaintiff CRAIG YATES

MARTIN H. ORLICK, ESQ.,

Jeffer, Mangels, Butler & Marmaro LLP

Martin H. Orlick

Attorneys for Defendant MARK DAVID LESLEY,

an individual dba AMBROSIA PIZZA

DANA M. ANDREOLI

STEYER LOWENTHAL BOODROOKAS

ALVAREZ & SMITH LLP,

Dana M. Andreoli

Attorneys for Defendants SHOPS at MAGNOLIA

LLC, a Nevada Limited Liability Company; SHOPS

at MAGNOLIA II LLC, a California Limited

Liability Company

ORDER

IT IS SO ORDERED that the further Case Management Conference set for November 7, 2011 at 10:30 a.m., is continued to January 27, 2012, at 10:30 a.m./ p.m.

The parties shall file a Joint Case Management Statement no later than seven (7) days prior to the Conference.

Judge Edward M. Chen


Summaries of

Yates v. Ambrosia Pizza

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Nov 2, 2011
CASE NO. CV-10-5687-EMC (N.D. Cal. Nov. 2, 2011)
Case details for

Yates v. Ambrosia Pizza

Case Details

Full title:CRAIG YATES, an individual, Plaintiff, v. AMBROSIA PIZZA; SHOPS at…

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Date published: Nov 2, 2011

Citations

CASE NO. CV-10-5687-EMC (N.D. Cal. Nov. 2, 2011)